Guidance

Kosovo: information for victims of rape and sexual assault

Published 19 June 2023

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong, no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see guidance on rape and sexual assault: returning to the UK.

First steps

It is your choice what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the international emergency number on 112 or the police emergency number on 192
• contact your tour operator if you are travelling with one
• contact the British Embassy in Pristina (+383 (0) 38 254700 ). Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Kosovo

If you have a tour operator, they should be able to arrange for someone to support you. We can meet you if you wish (depending on time and location). You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British embassy on +383 (0)38 254700 so we can offer you consular support.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

• tell the police if you think you have been drugged
• ask for a police report, and request a translation in English if applicable

Reporting the crime to the local police does not hold any risks for you. Extramarital sex, homosexuality and use of alcohol are not considered criminal offences in Kosovo. Possession of drugs is illegal in Kosovo.

In most large cities in Kosovo, both male and female police officers who are trained in dealing with sexual assault cases are available. Those who are not fluent in English will be supported by an interpreter. In smaller towns, you may have to wait for an interpreter to arrive at the police station before you can give a full statement.

If you wish to report the incident to the police, you may be asked to provide information about your identity and details of the incident, including:

• if there was sexual intercourse (if yes, was it forceful)
• if you have sustained injuries
• description of the crime scene (time of incident, location, if known, vehicles)
• description of the attacker

If you choose to report the incident to the police, we may be able to accompany you. If you prefer to be interviewed by a female police officer we can request that from the local authorities.

We can provide details of local lawyers and interpreters. However, only you can decide if you want to take legal action. We cannot make this decision for you. Whatever you choose, we will support you.

You will not be asked to give up your passport while the investigation is carried out.

Appointing a lawyer

You can appoint a lawyer for yourself at any time. Normally, if you hire a private lawyer, they are likely to ask for a cash or bank advance on their estimated legal fees before they take your case on. The British embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer, one will be appointed for you by the State. This will be free of charge but not all public defenders speak English. You may also be represented by the Victim Advocacy Office.

If you do not want to report the incident to the police in Kosovo

The British embassy will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK. We can provide you with lists of:

• English-speaking medical facilities in Kosovo
• English-speaking lawyers in Kosovo
• translators in Kosovo

If you are travelling with one, you can also report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital. If you wish, and depending on location and timing, a member of consular staff may be able to accompany you. Remember:

• it is your choice on whether to report the crime. If you don’t report it, your case may not be investigated
• if you don’t report it immediately but decide to report at a later stage, your case may not be investigated if there is a lack of forensic evidence
• if you decide not to report the crime to the local police, you will still be able to get medical assistance locally. Depending on the choice of the medical facility, charges for the forensic examination may apply. Medical staff who will examine you are legally required to notify the Kosovan authorities

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime.

If you are staying in Kosovo, you should report the crime there. If you are a British national and you need help reporting the crime, you can contact the British embassy in Pristina or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in Kosovo and you return to the UK, you can still report the assault to your local UK police

The UK police should send the information you provide to the country where the crime happened . However, it is for the Kosovan police force to decide whether to investigate a crime in their jurisdiction and they may not take action

You can report the crime to the UK police even if you are not seeking an investigation in Kosovo. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in Kosovo. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed

Reporting the crime in Kosovo

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

You will be expected to give a full statement about the incident, including giving a description of the attacker, the crime scene and all the circumstances surrounding the incident.

DNA evidence from sexual assault can be collected from the crime scene, but it can also be collected from your body, clothes, and other personal belongings. You may want to take a spare change of clothes with you to the police station as the clothing you wore during the incident will be kept by the police as forensic evidence.

Any electronic equipment that may be considered as evidence can be kept by the local police.

If you choose to have a forensic medical examination, the police will take you to the nearest state hospital.

The Kosovo will not inform UK police about the crime.

The medical examination: what to expect

The medical examination can be carried out by state hospitals in major cities.

Regardless of the police being involved in the referral for a forensic examination, the results of the tests will be automatically reported to the investigating officer who will inform you of the outcome.

The aim of the examination is to collect and document evidence. This may include documenting any external and internal injuries, STDs, DNA, pregnancy and swabs. Laboratory tests are performed.

If you are travelling with a tour operator, you can ask them to accompany you to the hospital. If you want, we may be able to come with you as well (depending on timing and location).

We can help you deal with the local authorities in arranging a medical examination, where possible with a female doctor if you prefer. We can also help you to arrange to see a doctor who can give advice on sexually transmitted diseases, including HIV/AIDS, pregnancy, abortion or emergency contraception (the morning after pill). We can provide a list of local hospitals and English-speaking doctors.

Treatment

Our understanding is that HIV/AIDS post exposure prophylaxis (PEP) treatment is not available in Kosovo.

You can purchase emergency contraception from any licensed pharmacy. Prices may vary. Emergency contraception needs to be taken within 72 hours of the incident for it to be effective

If you have had medication administered in Kosovo, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return to the UK.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28-day treatment on return to the UK

Police investigations in Kosovo: what to expect

Although it is not mandatory or likely, you may be asked by the police to return to the scene of the crime or where you believe the attacker is located.

In the first stage of the investigation you may be asked to identify the suspect.

The police officer who has carried out the arrest will notify the state prosecutor.

The state prosecutor must request that a pre-trial judge validate the arrest within 24 hours of arrest. The pre-trial judge must hold a hearing to make a decision on the validity of the arrest within 48 hours and shall issue the decision within 48 hours of the hearing taking place.

During the pre-trial proceedings you will be expected to make a statement in front of the public prosecutor. Lawyers are not allowed to give statements on behalf of the victims. Lawyers have access to the victim and case notes during the investigation proceedings.

You will not face any travel restrictions once the case is filed with the police, and you will be allowed to leave the country at any point.

Court procedures: what to expect

If a suspect is ordered to trial you will be asked to testify in court in person. In exceptional circumstances the court may allow you to testify by video conference from the UK.

If you haven’t appointed a lawyer, you will still be kept informed by the respective local authorities. Local lawyers have extensive knowledge on the Kosovan criminal law and procedures. They can assist you with ensuring that your rights are exercised appropriately.

There may be occasions when you will be expected to give an additional statement.

According to Kosovan legislation, the charge of rape requires mandatory state prosecution which cannot be dropped even if you have dropped charges made.

The alleged assailant may press counter charges claiming false allegations. The competent authorities will review the charges separately.

You can apply for compensation if you have been injured because of a violent crime by requesting the compensation during the criminal proceedings. You will need to submit a ‘declaration of damage’. If the request for compensation will delay the criminal procedure, the criminal court may advise you to initiate a civil suit against the defendant.

Trial procedures

You will be informed about the next stages of the pre-trial and court proceedings by the court services. The trial will be conducted in Albanian and Serbian languages and an English-speaking interpreter can be appointed by the court.

You are not required to be present at every court session but you must be present at start of the trial. Your legal representative, if you decide to appoint one, will attend the rest of the court hearings on your behalf.

If you are summoned to attend a trial in Kosovo, the local authorities will not be able to assist with travel or accommodation arrangements. However, you may be compensated for your travel expenses if you apply to the court. If you cannot arrange travel you can request to attend by video conference.

Your case should be forwarded to the respective court. Investigation procedures can last up to 2 years with a possibility of extending them for an additional 6 months in exceptional cases. Criminal proceedings in total can last between 2 to 3 years.

The defendant has the right to appeal the decision of the respective Court to the Court of Appeal.

Hiring a lawyer

A privately-hired lawyer can support and represent you at any stage of the criminal proceedings, can file applications and receive notifications on your behalf. Lawyers who specialise in rape and sexual assault cases are not common in Kosovo. You may be referred to a lawyer who has more experience in dealing with criminal cases.

You can find a list of English-speaking lawyers in Kosovo.

Getting updates about your case

Police, state prosecutor or judge will communicate with you, depending on the stage of criminal procedure. Your lawyer will communicate with you throughout all stages of the investigation and trial.

You may wish to provide a local address for the authorities to pass on updates but it is not essential. If you are not resident in Kosovo, communication will be carried out through the Ministry of Justice or, where necessary, by diplomatic channels.

Legal aid

If you are a victim of rape or sexual assault you are entitled to legal aid in Kosovo regardless of your financial status or wealth.

Sentencing

Sentences depend on the severity of the case and circumstances under which the offence is made.

The perpetrator would be guilty of ‘crime against sexual integrity’.

Depending on the severity of the case, judges are able to pass down the following sentences:

• imprisonment of up to 1 year imprisonment for sexual assaults
• imprisonment of 3 to 15 years, where the sexual assault was committed by the use of weapons, torture, intoxication of the victim or the victim was vulnerable
• imprisonment of 10 to 20 years, where the victim is under 14 years of age
• imprisonment from 2 to 20 years for rape
• imprisonment of not less than 20 years, or life imprisonment, where the rape led to death of the victim

If the alleged perpetrator is found not guilty, the state prosecutor may file an appeal against the court decision.

Compensation

The court can order the offender to pay compensation for injuries or losses during criminal proceedings or as a result of civil action taken by the victim.

In cases when the victim does not get full compensation from the defendant, including in cases where the defendant is deceased, is unknown or not criminally liable, the victim is entitled to be compensated from the Victim Compensation Fund.

When you return home to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice in the UK.

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

England

NHS Choices website, or search the internet for ‘NHS SARC’

https://www.nhs.uk/service-search/other-services/Rape%20and%20sexual%20assault%20referral%20centres/LocationSearch/364

Scotland

Archway SARC: https://archwayglasgow.scot/

Telephone: 0141 211 8175

Wales

New Pathways SARC: Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board

Telephone: 01685 379 310

Northern Ireland

Rowan SARC Northern Ireland: http://therowan.net/

Telephone: 0800 389 4424

Disclaimer

This information has been prepared by UK government officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither the UK government nor any official of the consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production (February 2022).